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5 The Market Investigations Regime

Lesley Farrell

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Private actions — National Courts — National courts — National Competition Authorities (NCAs) — United Kingdom

This chapter analyses the changes to the market investigations regime made under the Enterprise and Regulatory Reform Act 2013 (ERRA). It outlines the criticisms highlighted in the Government’s consultation on the options for reform, such as the length of time taken to complete market studies and investigations and the degree of duplication as a result of a two-stage process conducted separately by the Office of Fair Trading and the Competition Commission. The chapter then describes the changes to the regime, including wider information-gathering powers of the newly created Competition and Markets Authority (CMA), an enhanced ‘concurrency’ regime and the reduced statutory time limits for market studies and investigations. Finally, it comments on the concerns relating to confirmation bias and the expected impact of the reforms.

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